Bill H.1402
188th (2013 - 2014)

An Act relative to the protection of children

Bill Title: An Act relative to the protection of children

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 1402) of Bradley H. Jones, Jr. and others relative to the crime of failing to notify law enforcement officials of a missing or deceased child. The Judiciary.

SECTION 1. Chapter 265 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding to the end thereof the following section:--

Section 13N. Failure to Notify Law Enforcement of Missing or Deceased Child

For the purposes of this section, the following words shall have the following meanings:--

“Person having care and custody”, a parent, guardian, employee of a home or institution or any other person with equivalent supervision or care of a child, whether the supervision is temporary or permanent.

“Child”, any person under 14 years of age.

"Law enforcement authority'', any police department in the commonwealth or any of its political subdivisions.

"Missing child or children'', any person under the age of 14 years missing from his normal and ordinary place of residence or last known whereabouts and whose whereabouts cannot be determined by the person having care and custody of such child.

Whoever, having care and custody of a child, fails to notify a law enforcement authority or emergency medical personnel of the death of such child, accidental or otherwise, within 2 hours of the discovery of such known death and (i) intends to mislead a public official, (ii) intends to impede any investigation, or (iii) causes an investigation to be impeded, shall be punished by a term of imprisonment in the state prison for not more than 10 years or imprisonment in the house of correction for not more than 2 ½ years.

Whoever, having care and custody of a child, finds the child missing and fails to notify a law enforcement authority of the missing child within 5 days and (i) intends to mislead a public official, (ii) intends to impede an investigation, or (iii) causes an investigation to be impeded, shall be punished by a term of imprisonment in the state prison for not more than 10 years or imprisonment in the house of correction for not more than 2 ½ years.

SECTION 2. Section 13J of chapter 265 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, on line 29, the words “two and one-half years” and inserting in place thereof the following words:- 10 years

;and further, by striking out, on line 34, the words “five years” and inserting in place thereof the following:- 15 years

;and further, by striking out, on lines 35 and 36, the words “two and one-half years” and inserting in the place thereof the following:- 10 years.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Unsupported Bill Output Format

The document text is in an unsupported format to view in a browser.

Please use the "Download PDF" link if you wish to View/Print this document.